A Research On The Compensation Of Hybrid Liability Of Administrative And Civil Torts

The purpose of this thesis is to study the legal application of hybrid of administrative liability and civil liability.Since the main content of this dissertation is focused on the administrative liability of admixnistrative compensation,it belongs to the research of state compensation law category.The hybrid liability arising from administration and civil torts(hereinafter referred to as "mixed Infringement compensation"),is a phenomenon which has often been seen in administrative proceedings of recent years.In practice,China’s current State Compensation Law lacks corresponding provisions to tackle such problem and systematic and in-depth study is also absent in the academia.This leads to insufficient unified court practice in dealing with such cases,which considerably undermines the unity of legal practice in state compensation.And perfect and scientific national compensation system is an important symbol of modern democratic countries,so the study of this topic has important theoretical significance and practical function.Based on the analysis of the basic theory of mixed tort law,this essay discusses the three key issues of mixed compensation.First,in the choice of the principle of attribution of compensation for the mixed tort,the fault principle of tort liability in the civil law field should also be applied here.The main body of the infringement should be constructed in accordance with the principle of unconstitutionality,supplemented by the principle of fault.Second,this essay introduces the theory of "indemnity of indemnity","administrative indemnity","sharing compensation","own responsibility theory" and "joint liability theory",and so on,so as to build "to the principle of compensation for the principle of compensation to the principle of compensation as an exception,to add responsibility for the layers of multiple liability system;Third,concerning the form of realizing the compensation of the hybrid tort,we believe that should hold divergent ideas on the choice of the proceedings which should not be uniform,but be determined specifically according to the type of infringement.Specifically,the application of the principle in dealing such cases should deem the independent proceedings as the generality,which emphasizes the dealing of administrative cases before the dealing of civil litigations and regards the independent administration litigation as a parallel.